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Circulars
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Restriction on import of Pulses
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Import restriction on pulses: quotas limit imports to designated millers/refiners and require procedural compliance.
Restriction on import of pulses establishes an annual quota regime permitting imports only to millers/refiners under DGFT procedure, with Exim-code based allocations and a subsequent notification that set Yellow Peas allocation to zero while assigning fixed quotas to Green Peas and Other Peas; the measure takes effect on publication in the official Gazette.
IGST refunds=on in SB005 alternate mechanism
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IGST refunds via SB005 alternate mechanism: stakeholders must consult the circular and avail provided relaxations.
Notification advises that CBIC Circular 22/2020 establishes an alternate mechanism for IGST refunds in SB005 and related relaxations; eligible importers, exporters, customs brokers and other stakeholders are directed to consult the circular and avail the relaxations, and to report any implementation difficulties to the Commissioner of Customs (Prev.) Jamnagar.
Clarification on refund related issues.
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Clubbing of refund periods across financial years now permitted, allowing consolidated GST refund claims to be filed.
The circular removes the restriction on clubbing refund claims across financial years, permits aggregation of tax periods spanning successive years, and clarifies that refunds for accumulated ITC under inverted duty structure do not apply where input and output are the same goods/services taxed at different times. It requires refunds of tax paid on non-zero rated supplies to be paid proportionately according to original cash and credit debits, restricts ITC refund to invoices appearing in GSTR 2A, and amends Annexure B to require HSN/SAC codes for inward supplies.
Clarification in respect of issues under GST law for companies under Insolvency and Bankruptcy Code, 2016
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GST compliance during insolvency clarifies registration, returns, ITC and moratorium effects for debtors under CIRP.
Pre CIRP GST liabilities are to be treated as operational debt and no coercive action is to be taken; tax authorities must file claims before the insolvency tribunal. The IRP/RP need not file returns for pre CIRP periods but must obtain new GST registration as a distinct person, file the first return covering liability to registration grant, and may claim input tax credit in that first return for supplies received since appointment bearing the erstwhile GSTIN subject to Chapter V conditions and specified exceptions. Cash ledger deposits made by IRP/RP during the transitional period are refundable even if returns were not filed.
Clarification in respect of apportionment of input tax credit (ITC) in cases of business reorganization under section 18 (3) of WBGST Act read with rule 41(1) of WBGST Rules
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Apportionment of input tax credit: asset-value ratio allocates unutilised GST credit at the state registration level.
Clarifies apportionment and transfer of input tax credit on business reorganisations: unutilised ITC may be transferred by filing FORM GST ITC-02; "value of assets" covers entire business assets. Apportionment by asset-value ratio applies to demergers and any partial business transfers, calculated at each distinct registration (state) level rather than all-India, and applies to the aggregate ITC including cess. The transferable ITC is computed on the transferor's electronic credit ledger balance as on filing date of FORM GST ITC-02; the asset ratio is taken as of the scheme's appointed date.
Clarification in respect of appeal in regard to non-constitution of Appellate Tribunal.
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Appeal to Appellate Tribunal timing tied to the President's entry; appellate authorities should record and dispose pending appeals accordingly.
Clarification addresses appeals where further remedy is perceived as unavailable because the Appellate Tribunal has not been constituted and restates that appeals lie to prescribed Appellate Authorities per the statutory hierarchy. It explains that, under a Removal of Difficulties order, the limitation to file appeals to the Tribunal is computed from the date on which the President or State President of the Appellate Tribunal enters office, and directs appellate authorities to note this in orders and to dispose pending appeals without awaiting constitution of the Tribunal.
Relaxation in timelines for compliance with regulatory requirements by trading members / clearing members
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Regulatory timeline relaxations for compliance filings grant temporary non penal delay and limited extensions for member reporting obligations.
Specified reporting obligations under enhanced supervision-weekly client funds monitoring, monthly client and fund balance data, and daily margin trading reporting-are temporarily exempted from penal consequences until the moratorium date, while timelines for updating Income Tax Permanent Account Numbers of key management personnel and directors and for issuing the Annual Global Statement to clients are extended by one month; Stock Exchanges and Clearing Corporations must notify members and publish the relief, and the circular is issued under regulatory powers to protect investors and regulate markets.
One-time relaxation with respect to validity of SEBI Observations.
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Validity extension of regulatory observations and conditional issue-size flexibility now permitted to ease public offering processes.
SEBI grants one-time relief extending the validity of observations that expire between March and September 2020 by six months, subject to a lead manager undertaking confirming compliance with Schedule XVI when submitting an updated offer document. SEBI also permits adjustment of estimated fresh issue size by up to fifty percent without refiling the draft offer document, provided there is no change in the objects of the issue, the lead manager certifies compliance with Regulation 7(1)(e), and an addendum to the draft red herring prospectus is published.
Relaxations from certain provisions of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 in respect of Rights Issue
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Rights Issue Relaxation: temporary easing of eligibility, subscription and filing thresholds to facilitate fundraising.
Temporary relaxations permit issuers to use the fast track rights route with modified Regulation 99 criteria: shorter qualifying periods, lower financial thresholds, amended treatment of prior regulatory actions requiring disclosure in the letter of offer, settlement compliance, and restatement or disclosure of audit-qualified financials; minimum subscription rules are adjusted so issues subscribed between seventy-five and ninety percent qualify if specified utilization conditions are met, and the draft letter of offer filing threshold is raised while other eligibility and general conditions continue to apply.
Review of Public Notice 14/2020 dated 03.04.2020 regarding "Measures to facilitate trade during the lockdown period — Section 143AA of the Customs Act, 1962
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Undertaking in lieu of bond extended during lockdown; acceptance continued with registered email submission and e Sanchit upload required.
Temporary acceptance of an undertaking in lieu of the formal customs bond is extended until 15.05.2020, with the proper bond to be submitted by 30.05.2020. The undertaking must be sent from the registered email ID of the IEC holder or authorised customs broker and uploaded on e Sanchit. All other conditions of the earlier Public Notice remain in force and the relaxation will be reviewed at the end of the lockdown period.
Special Refund and Drawback Disposal Drive- Implementation of decision to expedite pending refund & drawback claims
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Special Refund and Drawback Drive accelerates processing of pending refund and IGST claims by requiring prompt document rectification.
A Special Refund and Drawback Disposal Drive has been instituted at the Customs Commissionerate, Ludhiana to expedite pending refund, drawback and IGST refund claims by requiring applicants to furnish requisite documents and rectify errors to designated refund officers, including submission for PFMS bank-account validation, with specified contact points and instructions for CHAs and trade associations to inform exporters.
IGST Refund on exports-extension in SB005 alternate mechanism
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IGST refund on exports: extension of SB005 alternate mechanism, stakeholders urged to review circular and avail relaxations.
IGST refund on exports under the alternate SB005 mechanism has been extended; stakeholders including importers, exporters and customs brokers are directed to consult the referenced circular and avail the relaxations offered, and to report any implementation difficulties to the issuing office.
Clarification in respect of certain challenges faced by the registered persons in implementation of provisions of GST Laws
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GST compliance relief clarifies credit notes, LUT extension, TDS filing, and refund timelines during the COVID-19 period.
Clarification is issued to ensure uniform implementation of the Uttar Pradesh Goods and Services Tax Act, 2017 during the COVID-19 period. It explains that cancelled advances and returned goods generally require issue of a credit note and adjustment of tax liability in returns, while cases with no output liability may proceed by refund claim through FORM GST RFD-01. It also extends the LUT filing deadline for zero-rated supplies, the due date for FORM GSTR-7 and TDS deposit, and the time limit for refund applications falling within the specified period.
Clarification in respect of certain challenges faced by the registered persons in implementation of provisions of GST Laws
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GST refund and adjustment require credit notes or refund vouchers and specified refund filings under law.
Where GST was paid on advances or on supplies later cancelled or returned, suppliers must issue a credit note when an invoice was issued and adjust tax liability in the return; where no output liability exists, the supplier may file a claim for excess payment of tax using the prescribed refund form. If GST was paid on advances without invoice, a refund voucher must be issued and refund claimed via the specified refund form. Extensions for LUT filing, TDS deposit and refund application timelines are also prescribed.
Clarification in respect of various measures announced by the Government for providing relief to the taxpayers in view of spread of novel corona virus (COVID-19)
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Reduced interest and late fee waivers for GST returns, conditional on filing returns by the notified extended deadlines.
Clarifies State implementation of Central notifications granting temporary reliefs due to COVID 19: extensions for filing composition scheme intimations, self-assessed tax statements and annual composition returns, conditional nil/reduced interest and waiver of late fees for specified returns if filed by the extended cut offs, cumulative adjustment of input tax credit for the lockdown months to be made in a later return, extension of expired e way bill validity during the lockdown window, and permitted filing by an extended date for deductors, collectors and input service distributors; reliefs are subject to prescribed conditions and noncompliance attracts regular interest, late fees and penalties.
Clarification on refund related issues
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Clubbing of refund periods allowed across financial years, with proportional cash and credit refund mechanisms enforced.
Clubbing of tax periods across Financial Years for refund claims is no longer restricted; refund of accumulated ITC is not available where input and output are the same despite rate changes; refunds of tax paid (other than zero rated or deemed exports) will be paid proportionately in the original modes of payment with cash refunds by FORM RFD 06 and ITC re credits by FORM GST PMT 03; admissible ITC for refund is limited to invoices reflected in FORM GSTR 2A and Annexure B now requires HSN/SAC codes where applicable.
Clarification in respect of issues under GST law for companies under Insolvency and Bankruptcy Code, 2016
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GST registration and input tax credit rules for corporate debtors during CIRP clarified, including registration, returns and refund mechanics.
Pre-CIRP GST dues are operational debt and coercive action is prohibited; claims must be filed before the tribunal. GST registration during CIRP must not be cancelled and may be suspended; IRP/RP need not file pre-CIRP returns but must obtain new registrations and file the first return for the post-appointment period. A special procedure permits IRP/RP to claim input tax credit in the first return for invoices bearing the erstwhile GSTIN subject to Chapter V conditions (with limited exceptions), and cash ledger deposits made by IRP/RP prior to the notification are refundable even if returns were not filed.
Clarification in respect of apportionment of input tax credit (ITC) in cases of business reorganization under section 18(3) of Assam GST Act read with rule 41(1) of Assam GST Rules
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Apportionment of input tax credit: asset value ratio at the state registration level governs transferable ITC on reorganisations.
The circular clarifies that ITC on demerger or similar partial business reorganizations is apportioned at the State/registration level using the value of assets ratio from the scheme; "value of assets" covers entire business assets. The ratio applies to the transferor's total unutilized ITC (sum of CGST, SGST/UTGST, IGST and cess) and the transferor may allocate the transferable amount among tax heads when filing Form GST ITC 02. The asset ratio is to be taken as on the scheme's appointed date, while the ITC balance used is that on the date of filing Form GST ITC 02.
Clarification in respect of appeal in regard to non-constitution of Appellate Tribunal
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Right to appeal to Appellate Tribunal: appeals may be filed after the Tribunal's President assumes office, preserving time limits.
Appeals must follow the prescribed appellate hierarchy under the Assam GST Rules with appellate authorities disposing pending appeals expeditiously; appeals to the Appellate Tribunal that cannot be filed due to the Tribunal being unconstituted will have the statutory filing period run from the date the Tribunal's President or State President enters office as provided by the Assam GST (Ninth Removal of Difficulties) Order, 2019, and appellate orders may note that appeals can be filed within the prescribed period from that date.
Reverse Charge Mechanism (RCM) on renting of motor vehicles
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Reverse Charge Mechanism for motor vehicle renting applies when non corporate suppliers don't charge higher GST rate to corporate recipients.
RCM applies to renting of passenger motor vehicles (with fuel included) supplied to a body corporate only when the supplier is not a body corporate, does not issue an invoice charging the higher GST rate that permits full input tax credit, and thus the body corporate recipient is liable to pay GST under reverse charge; suppliers charging the higher rate remain outside RCM. The circular is clarificatory and applied retrospectively for the specified transitional period.

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